Court mandates inclusion of environmental experts to balance flood control and ecological preservation in sand removal activities.
In a significant ruling, the Kerala High Court has directed the formation of an expert committee to oversee the sand removal activities at the Thottappally Spillway, emphasizing the importance of ecological preservation alongside flood control measures. The judgment comes in response to petitions challenging the legality of the District Disaster Management Authority's order to remove sand from the spillway, a decision that had raised concerns about its potential ecological impact.
The bench, comprising Chief Justice Nitin Jamdar and Justice Syam Kumar V.M., underscored the necessity of balancing flood containment measures with ecological conservation. The court was responding to petitions filed by the Green Roots Nature Conservation Forum and others, who argued that the sand removal activities, purportedly for flood management, were resulting in significant ecological disturbances, particularly affecting the nesting grounds of endangered turtle species such as the Olive Ridley and Hawksbill.
The court's judgment acknowledged the ecological disruption caused by sand mining activities, as detailed in reports submitted by the Assistant Conservator of Forests and the Kerala Coastal Zone Management Authority. These reports highlighted the adverse effects on the unique ecosystem at the confluence of the Vembanad Lake and the Arabian Sea.
To address these concerns, the court has mandated the establishment of a committee headed by the District Collector of Alappuzha. This committee will include senior officials and experts from the Irrigation/Water Resources Department, Forest and Wildlife Department, Kerala Coastal Zone Management Authority, local Grama Panchayats, and an NGO with local expertise. The committee will be responsible for assessing the ecological and environmental impacts of sand removal and ensuring that such activities are conducted sustainably.
The court also emphasized the need for an ecological impact assessment to be an integral part of the sand removal process, a step that was previously absent in the decision-making. The judgment highlighted the lack of ecological input in the initial sand removal plans, advocating for a more comprehensive approach that includes environmental safeguards.
This ruling is expected to set a precedent for similar environmental cases, reinforcing the importance of ecological considerations in developmental activities. The court has given a two-month timeline for the formation of the committee, which will play a crucial role in monitoring and regulating sand removal activities to prevent further ecological damage.
Bottom Line:
Disaster Management Act, 2005 - Flood containment measures involving sand removal from Thottappally Spillway - Necessity of balancing flood control measures with ecological preservation through expert monitoring mechanism.
Statutory provision(s): Disaster Management Act, 2005; Wildlife Protection Act, 1972; Coastal Regulation Zone Notification, 2019
